The unexpected death of a loved one can be devastating and impact nearly every aspect of your life. It can be even more jarring when the death could have been prevented and a doctor or other medical professional played a role. We understand that the death of a loved one often affects a family emotionally and financially. While no amount of money can ever make up for your immense loss, a compassionate Queens wrongful death lawyer could help you seek justice from the responsible party.

At Silberstein, Awad & Miklos, P.C., our lawyers fight for the rights of our clients. We know how difficult it can be following the death of a loved one. Let us ease the pain of the legal process while you focus on your family.

In our 30 years, we have successfully recovered over a billion dollars total for our clients. We use a team of medical professionals to analyze the evidence and determine the cause of your loved one’s passing. You do not need to fight this battle alone. Our team of seasoned lawyers have the skills and the resources available to help your case.

Medical Errors and Wrongful Death

Unfortunately, many medical errors can lead to an individual’s death. Our Queens lawyers are experienced in handling medical malpractice wrongful death cases involving:

  • Delayed treatment
  • Administration of wrong medication
  • Equipment failure
  • Failure to follow proper protocol
  • Neglect for a patient’s symptoms and conditions
  • Surgical error
  • Misdiagnosing the patient
  • Anesthesia error

Our Queens wrongful death attorneys could help evaluate the evidence in your case to determine the cause of your loved one’s death and whether a medical professional may be held liable.

Negligence and Grounds for a Lawsuit

The State of New York allows individuals to seek compensation from those who have caused them harm and damage. For wrongful death suits, an individual’s estate is able to recover compensation for their loss.

Not all deaths that occur during or after medical treatment have grounds for a claim. A lawyer must be able to prove the following to have a valid medical malpractice wrongful death claim:

Negligence

The plaintiff and their attorney must prove that the physician or medical staff acted negligently. If they fail to adhere to the accepted medical standard of care, they can be considered negligent.

Causation

Negligence alone is not a valid reason to file a malpractice lawsuit. To win their lawsuit, the plaintiff has to prove that the negligence of the doctor or other medical staff directly caused the patient’s injury and subsequent death.

Damages

Furthermore, the law requires the plaintiff to prove they suffered damages due to the injury or death. These can be economic damages such as loss of income or funeral costs. Damages could also be non-economic such as loss of consortium, loss of companionship, and pain and suffering.

What is a Wrongful Death Certificate of Merit?

When an individual’s untimely demise has been caused by a medical professional, a Queens wrongful death lawyer must file a certificate of merit in addition to the initial complaint. If a plaintiff is filing the lawsuit without the assistance of an attorney, a certificate is not required. According to New York Civil Practice & Law Rules § 3012-a, the state requires this certificate to help lessen the number of claims that do not have merit.

The certificate of merit requires an attorney to attest to the court that:

  • They consulted with at least one medical professional regarding the case, and the expert believes there is legal merit for a lawsuit
  • They made three good faith attempts to consult with separate medical experts but were unable to do so

Consult with Experienced Queens Wrongful Death Attorneys

Seeking the counsel of a seasoned Queens wrongful death lawyer as soon as possible after the death of a loved one due to a medical professional’s negligence could help families receive justice for their loss. The sooner you call, the sooner we can begin collecting evidence and building a case.

Let us be your champion and help you get the compensation you and your family deserve. We are available seven days a week. Whenever you are ready, contact Silberstein, Awad & Miklos, P.C. to get started. Call for a no-obligation consultation.

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Silberstein, Awad & Miklos, P.C.

Silberstein, Awad & Miklos, P.C.
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